Recovering Your Life After a Life-Changing Accident
With its notorious traffic congestion, Austin is no stranger to car accidents. The sheer volume of vehicles on our roads results in a disproportionate number of automobile accidents. In 2016 alone, the Texas Department of Transportation reported a car crash every 57 seconds on Texas roadways, with 3,773 of them being fatal—a 5.45% increase from the previous year. It's evident that negligence plays a significant role in these accidents.
If you or a loved one has been involved in a car crash, you're likely experiencing long-term consequences. Severe accidents can lead to catastrophic injuries or even death, while minor accidents can still leave victims with injuries, trauma, and financial burdens.
At Howry Breen & Herman, we specialize in assisting victims of negligence in their pursuit of fair compensation. Our experienced car accident attorneys in Austin are ready to utilize their trial expertise to help you seek the damages you deserve.
Operating a motor vehicle is a significant responsibility. Every time a driver gets behind the wheel, they have a duty to drive in a reasonably safe manner to protect themselves, passengers, and other motorists. Unfortunately, not all drivers take this responsibility seriously. Careless or reckless behavior on the road can result in serious accidents.
Common causes of car accidents attributable to negligence include:
Distracted driving, such as eating or using a cell phone
Driving under the influence of drugs and/or alcohol (DUI/DWI)
Reckless driving, including speeding or street racing
Failure to follow traffic laws, such as illegal turns or lane changes
Dangerous driving maneuvers, like turning left ahead of oncoming traffic
Failure to stop at traffic lights and/or stop signs
Fatigued driving or falling asleep at the wheel
These examples illustrate how negligence can lead to a car accident. Other instances of negligence include defective automobile design or faulty car parts (such as brakes or tires), poorly designed roads, or inadequate speed limits.
Serious Injuries Resulting From Car Accidents
The nature and severity of injuries sustained in a car accident depend on various factors. Some individuals may walk away with minor injuries requiring only a doctor's checkup, while others may require immediate medical attention and extensive hospitalization. Regardless of the situation, our attorneys are committed to fighting for full compensation for medical care, regardless of the scale of your case.
Injuries commonly suffered in car accidents include:
Broken bones: High-impact collisions can result in fractures or shattering of bones. Arm fractures are especially prevalent among individuals who brace themselves against the steering wheel.
Whiplash: A sudden, violent back-and-forth motion of the neck, often caused by rear-end collisions, can lead to one of the most painful and common car accident injuries.
Brain injury: Impacting the head on the steering wheel, window, dashboard, or windshield during a crash can result in life-altering traumatic brain injuries (TBIs).
Back injury: Painful backaches are frequently experienced for days or weeks following a violent car accident, often necessitating physical therapy.
Spinal cord injury: Damage to the spinal cord can be catastrophic, causing immediate and permanent paralysis. Paraplegia refers to paralysis of all four limbs.
Lacerations: Broken glass and twisted metal present significant hazards during a crash, potentially causing deep lacerations requiring urgent medical attention.
Scarring: Burns and lacerations can lead to permanent scars and disfigurements, causing psychological distress as victims adjust to their altered appearance.
Vision loss: Flying debris during a crash can strike the eyes, resulting in partial or total vision loss in one or both eyes.
Hearing loss: Loud noises during a car accident can cause partial hearing loss, and damage to the eardrum can result in deafness.
Organ damage: Internal injuries are not uncommon in violent car accidents. It is crucial for survivors to seek immediate medical attention to check for signs of internal bleeding or organ damage.
Understanding Texas Comparative Fault Law
Car accident liability in Texas is governed by comparative fault law, similar to other motor vehicle and bicycle accidents. Under this law, a driver is entitled to recover damages only if they are no more than 50% at fault for the accident. If a driver is found to be less than 51% at fault, they can recover the total damages suffered, minus their percentage of liability. For instance, if a jury determines that you suffered $100,000 worth of damages but were 40% at fault for the accident, you can recover $60,000.
Since every case is unique, it is impossible to determine the exact value of your claim without a consultation. It is vital that you consult an attorney to discuss the specifics of your case and determine your eligibility for damages.
Steps to Take Following an Accident
While you can't always predict when a negligent driver will collide with you, you can be prepared for what to do after a car accident. Regardless of the type of accident or the responsible party, following these five steps will help you navigate the situation and strengthen your future injury claim.
Call Emergency Responders: If someone sustains serious injuries or debris scatters onto the roadway, contact emergency responders immediately. Firefighters can extract individuals from damaged vehicles, paramedics can provide lifesaving first aid, and police officers can redirect traffic away from the accident scene. The reports filed by emergency responders will support your future claim.
Write Down Identifying Information: Collect identifying and insurance information from all other parties involved in the accident. Ensure you note down this information in a place where you can easily access it later. While you may not need insurance information from passengers, it's still important to gather their contact details.
Take Pictures & Videos: Photographic and video evidence captured at the accident scene can be highly persuasive in supporting your car accident claim. Use your smartphone to document vehicular damage, injuries, traffic and road conditions, and the weather. Clear and comprehensive visual evidence will aid in accurately reconstructing the scene later.
Avoid Apologies: Despite good manners, refrain from apologizing after the crash. Statements of apology can be misconstrued by insurance companies as admissions of guilt, which they may exploit to assign liability unfairly.
See a Doctor: It is crucial to see a doctor for a medical examination on the same day as your accident, even if you feel fine. Arrange to visit a trusted medical professional within a few hours of the accident, as you might have underlying injuries that are not immediately noticeable but can be diagnosed by a doctor. Prompt treatment can help mitigate the severity of your injuries and make it harder for an insurance company to attribute the extent of your injuries to your actions, a tactic they often employ when claimants fail to seek medical attention or disregard doctor's orders.
Finally, it is essential to consult a local car accident attorney at your earliest opportunity. If your claim is complex or contested by the other driver's insurance company, a lawyer can help strengthen and progress your claim to ensure fair compensation for your damages.
Contact Our Team Today for a Free Consultation
Since 1995, Howry Breen & Herman have been assisting injured victims throughout Austin and Georgetown. Our dedicated team is committed to helping clients achieve favorable outcomes. In addition to representing injured victims, we also provide legal counsel to defendants wrongfully accused of negligence. Whatever your situation, our Austin car accident attorneys offer personalized legal guidance and aggressive advocacy.
Call (512) 430-4844 or fill out a confidential contact form to request a complimentary case evaluation with our firm.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
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We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.
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